- 1 - HC-KAR NC: 2025:KHC:53117 RSA No. 959 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.959 OF 2022 (DEC/INJ) BETWEEN: 1. SRI. C. MUNIRAJU, S/O LATE CHINNAPPA, AGED ABOUT 55 YEARS, PRESENTLY RESIDING AT SIDIHOSAKOTE VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562106. …APPELLANT (SRI. C. MUNIRAJU, APPELLANT – [ABSENT]) AND: 1. SRI. NANJAPPA, S/O LATE BOLAPPA, AGED ABOUT 80 YEARS, RESIDING AT HOSAJEEGURU VILLAGE, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMILNADU-535107. 2. SRI. MUNIYELLAPPA, S/O LATE MUNIVENKATA, AGED ABOUT 80 YEARS, RESIDING AT THIMMASANDRA VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562106. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53117 RSA No. 959 of 2022 3. SRI. DASAPPA, S/O LATE MUNIVENKATA, AGED ABOUT 70 YEARS, RESIDING AT THIMMASANDRA VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562106. 4. SMT. PAPAMMA, W/O MUNIRAJU, AGED ABOUT 75 YEARS, RESIDING AT THIMMASANDRA VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562106. …RESPONDENTS (BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.02.2021 PASSED IN R.A.NO.5092/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.08.2017 PASSED IN O.S.NO.2541/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, ANEKAL. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter is listed for admission. On 28.10.2025, the learned counsel for the appellant made the submission that he has given NOC, but not produced the acknowledgment and hence, this Court directed to produce the acknowledgment. On 12.11.2025, the learned counsel for the appellant filed an - 3 - HC-KAR NC: 2025:KHC:53117 RSA No. 959 of 2022 affidavit stating that he handed over the papers on 13.10.2025 with NOC to the appellant and he could not take the acknowledgment. Having considered the affidavit, this Court taken note of that even though NOC was taken on 13.10.2025, till date the appellant has not made any arrangement for engaging any other counsel. Hence, granted two weeks time to the appellant to engage new counsel or appear in person and fixed the date for the appearance of the appellant on 27.11.2025 and also it was made clear that if the appellant does not appear on the next date of hearing or engage any other counsel, appeal will be dismissed. On 27.11.2025, this Court ordered to list the matter along with the I.A. Today there is no representation. Hence, it is clear that the appellant is not pursuing the matter diligently. Hence, the appeal is dismissed for non-prosecution for not engaging the counsel or appearing before the Court in person. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 27